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tv   Stossel  FOX News  May 29, 2011 10:00pm-11:00pm EDT

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preserved our freedom. from new york defending freedom every night of the week. happy memorial day america. captioned by, closed captioning services, inc. in the trial of casey anthony will she influence one injure or to say maybe this child died by accident. >> they have an above ground pool with a ladder. what happened next is as soon as casey came around this corner and went back she saw georgian thon knee holding caylee in his arms. she immediately grabbed caylee and began to cry and cry and
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cry. shortly there after george began to yell at her, look what you have done, your mother will never forgive you and you will go to jail for child neglect for the rest of your fricken life. she cried and cried and asked for her father's help. >> i was there the courtroom and the country gasped when defense attorney unleashed his accident abuse defense on this memorial day weekend live and at large welcome to this fox news special report. i am geraldo rivera. for three years we waited to see how casey anthony's defense could possibly over come the mountain of evidence of the mother facing the death penalty for allegedly suffocating her sweet 2 and a half-year-old child. will it convince one injure or she is not the sluty selfless woman we have been led to believe?
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>> you have been selected and sworn in the jury to try the case of the state of florida verses casey marie anthony. >> from the beginning the prosecution hammers home the story of the little victim who's life was cut brutally short. >> it is time to tell the story of a little girl named caylee. >> her doting grandparents george and cindy anthony filled her room with totoys. caylee anthony appeared to have an idealic life. however on a rainy thursday morning december 11th, 2008 the sheriff's office at that time was informed that a tiny little girl had been found in the woods. >> they paint casey as a liar and monster capable of killing
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her own daughter. >> casey han thon knee comes up with a new, a bigger and a better lie. as difficult as it may be for any one to stomach that a mother would intentionally kill her own child. from the evidence you will hear in this case there is no other conclusion that could be drawn. casey anthony is guilty of the crime of murder in the first degree. how can the defense counter the damming evidence of malignant selfish with the stunning theory it was an accident. >> how in the world can a mother wait 30-days before ever reporting her child missing? it's insane. it's bizarre. something is just not right about that. well the answer is actually
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relatively simple. she never was missing. caylee anthony died on june 16th, 2008 when she drowned in her family swimming pool. >> the accidental drowning followed by a coverup engineered by casey's dad. >> it was an accident. and despite how easy it is to point the finger and say there's something sinister here and play on your emotions the fact of the matter is this is an accident that was out of control. >> biaz. >> you can never bring caylee back but you can help end this nightmare by sending her home.
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>> i will ask you all individually collectively. >> david seltzer criminal defense attorney will he save her life. >> absolutely. what he need to do do is as a defense attorney take it to the next level. he has shown the jury there is another reasonable explanation for every piece of evidence. i say evidence the state believes it's evidence. i don't believe the state has a mountain of evidence in this case. every piece of evidence is circumstantial. the state's case is smoking mirrors. there is not one shred of evidence tying her to a first degree murder charge. all the defense has done is say yes she is dead we knew she was dead we have to explain the snow on the car the 31 day late exposure the simple statement of it was an accident and she drowned in the pool. george covered it up.
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he helped cover it up. by the way george abused casey. everything casey has done to date supports that theory. we believe it has saved her life she believes she will go free on the murder charge and as the state continues when the state's own expert cannot opine to a cause of death there is no way for the state to over come the defense's theory. it is all smoking mirrors. >> is it joey jackson are you still going to allow this woman to get a lethal dose, a dose of some fatal killer drug with this system. are you going to send her to her death. >> if you are going to say it's an accident. >> you are going to say it was an accident say it was an accident accept responsibility. she put the body in the trunk
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she didn't know what to do. if she took the responsibility instead of pointing fingers. >> she alleges the father's years of sexual abuse beat her down so much she could not defend herself you would still send tore to death row. >> if you are going to defend you have to defend with credibility because of the fact she did this heinous crime she did it in a premedicated fashion and she could not explain how she acted why she acted and how the girl died. she is going to be convicted and she is going to get the death penalty period. >> for the accidental drowning defense to work georgian thon knee the dad the child kailee anthony's grandfather has to be involved in the cover up. more than that you must also have so much control. you convince her to keep her mouth shut as he gets rid of the child's body. how could he have that kind of power over casey here's craig. >> for the last to see caylee
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anthony alive june 16th, 2008 george's character of the long shot case. including an admission that he didn't know his daughter was pregnant at 7 months he didn't ask who the baby's daddy was and he was present while the child was born the defense evidence that he knows more than -- >> i remember that meeting exactly in my home. i had tapes for many years. >> allegations of sex abuse and molestation grandpa is behind the duct tape found on the child's remains. the intent is to show the george had the tape she used to suffocate her child. george even using the tape
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amongst after caylee is dead using it on the posters he later circulates asking for more information from his missing granddaughter. we caught up with george as he was happeneding out the fliers. >> does your daughter know where your granddaughter is? >> i believe there's more information we can get from her. >> the former ohio police detective is asked why he didn't report the pun gent smell of death coming from his daughter's abandoned pontiac when he fetched it from a toe yard. >> you are smelling a car that smells like a dead body you didn't call police? >> did not. >> you don't call your daughter to see if she is okay? >> didn't call my daughter at that time. >> you don't call your daughter to see if caylee is okay. >> didn't call my daughter to inquire about her or caylee about that time. >> in january 2, 0096 months after his granddaughter disappeared did georgian thon knee try to kill himself out of
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shame, grief or remorremorse? >> georgian thon knee has been gone since 8:30 this morning and he has taken several bottles of medication as well as some pictures and we are worried that something is -- she is done something to himself. >> he is tracked down to a seedy daytona beach motel from a cell phone he used text messages saying he didn't want to live any more. in march a woman claiming she is george's alleged miss industries comes forward. river crews also known as crystal holloway claims she told police georgian thon knee confided as the defense alleges caylee's death was an accident that snowballed out of control. what proof is there that george actually said that to the mistress? i mean that's hearsay. i don't know how it can get into evidence. is there any cooperating ed that george said that that it was an
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accident. >> in his opening argument he presented a text message from this woman saying that i want you in my life. this is the same woman who mentioned that this is something that snowballed out of control. >> the roof that he had an affair with this woman i don't know if jose directly asked him if he had the affair. it must have been a question asked and objected to. is there any proof that george had this affair? >> the proof that was presented is the text message that he had this affiliation with this woman. that's the only evidence that has been presented as far as the relationship. >> seems to me jose bias the defense attorney must find this woman to find out if george said that and he can only use it if george denies saying it. let me ask judge fer ar who joins us from orlando today. are you in orlando or are you in miami?
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>> i am in orlando. >> which side do you fall on are you on the defense saved her life this week or she is still going down going to friday? >> i am on both sides. i agree with the prosecution she is going to get convicted. i believe she is not going to get the death penalty but for different reasons. it's tough to get the jury to get the death penalty especially where she doesn't have significant priors. it's difficult to do. they are not going to have heinous and cruel one of the strongest aggravate tors that they have in florida they will probably get cold calculated premedicated. i don't see the jury sending her to the death penalty. i think she will get convicted. >> it will be reversed on appeal i had tell you why. why she is beaten down from years of physical and sexual abuse and she couldn't say no to her dad and couldn't tell the difference between right and
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>> i don't recall what actually happened. >> can you recall for certain it was physical abuse or you don't know for sure? >> definitely was not sexual abuse. the only time -- someone tells me that that's why i knew the lee thing that is such a substantial thing to say. >> it all began. when casey was 8 years old and her father came into her room and began to touch her inappropriately. >> the bombshell, casey the free will was crushed years of sex accuse his father georgian thon knee and. >> have you ever sexually molested your daughter casey
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anthony. >> no, sir. >> have you ever committed any sexually inappropriately. in the presents of your daughter casey. >> according to the defendefens he, too, wanted to follow in his father's foot steps. on certain occasions when he was a teenager he attempted to also touch his sister. >> with the jury out of the courtroom one time boyfriend tone knee lazaro said casey confided her dark secrets to him. >> what was the secret he shared with you? >> lee anthony tried to sexually abuse her? >> what did she say lee anthony did to her? >> she tried to feel her.
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>> did she say where he tried to feel her up? >> on her chest. >> did she say whether or not he was successful in feeling her up? >> she said it didn't happen. >> welcome back the florida state attorney in miami tonight. what about the abuse excuse>> it is just what you said. i believe it's an excuse. we discussed it last week we heard down the pike it was a rumor that was what she was going to claim. you better find some way to excuse your 31 days of not looking for your child. what you need to know is what the lawyers say opening statement is not evidence that is very important. >> you can say that until you are blue in the case. you can say it a million times it is just as good as evidence.
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>> i don't think it is. he made his client forced his client to testify. when you get up defense attorney you lay up a groundwork in defense argument we are the only ones that can tell you or prove up that evidence it's your client you have forced her to stake take a stand. the only way the jury is going to hear about any kind of sexual abuse whether she decides to talk about it whether she gets up there and says it it's what her credibility will be like. >> i don't think it's anything that will stick i don't think it's going to explain away 31 days of never looking for that child. >> except tony lazaro it is worse boy what he is testify to do than what he actually testified to. a couple more of those than he can keep casey off the witness stand which we agree will be fraught with peril for the
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defense. the smell of death in casey's car.
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>> sir there is a lot of things i wish i could have done i didn't do. >> i didn't say anything about it other than that's a little ripe or that's a bit offensive. >> among the prosecution's damming evidence the odor emanating from casey's car.
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>> i hope this is not my daughter or granddaughter or both. >> it was an odor consistent to what i smelled in the past when it comes to decomposition. >> was the smell from a dead body or was it ordinary garbage from a bag in the trunk. >> it appeared but it was mainly regular household brand you take out of the kitchen. >> regardless of what it was how long was the smell there? we know the odor was there when anthony picks the car up from the t tow lot. >> when you got in the car you smelled the smell of human decomposition? >> yes. >> will the defense and t -- th defense and the witness spar. >> when you opened the trunk you smelled stronger smell of human decomposition. >> i answered the question.
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i am going to answer it a second time all i saw in the back of the trunk of the car was a plastic car that's what i found. >> i am not asking what you found i am asking when you opened the trunk you smelled an even stronger smell of human decomposition. >> i already answered a question. >> how many times i answer i am not going to get upset over this. you are trying to trick me. i am not going to trick you. >> the smell from that trunk is one of the last straws according to the prosecution. prompting casey's parents finally to call the cops. >> i told you my daughter was lost i found her today i can't find my granddaughter. she admitted to me she is been trying to find her herself. through is something wrong. i smelled my daughter's car today and it smells like there's been a dead body in the damn car. >> the defense had or the
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prosecution had cindy anthony on the witness stand yesterday they did not play the 911 tape yet. they should have. that would have been in the minds of those jurors over the memorial day weekend. you can rest assured when trial resumes on tuesday the 911 call you just heard will be the first evidence admitted by the prosecution. the car smelled but why? did they raise reasonable doubt the smell of death was not the smell of death but the smell of rotting chicken. all that and why the accused mother she behaved so badly after herbie loved child went missing. slut ficcation of casey anthony. [ male announcer ] everywhere your pet goes the frontline plus killing force is there
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they had prepared for even the unthinkable. ♪ and they danced. see what a raymond james advisor can do for you. >> from america's news headquarters i am marianne rafferty. president obama speaking at a memori missouri. president president telling survivors they are telling the world how they come together. he promises the nation he will be with you every step of the way. mr. obama toured the devastation. 130 people were killed in the storm. 39 are still missing. police asking for the public's help in finding a missing california nursing student. michelle lee disappeared on friday night. the 26-year-old was last seen taking a class at kaiser hospital in hayward. friends say she told them she was planning to drive to reno,
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nevada she never returned after a brief period. they found her car a few blocks from the hospital. i am marianne rafferty now back to geraldo at large. for your latest headlines go to you are watching the most powerful name in news, fox news channel. oo >> during this time period that the defendant was living with you, can you describe to the jury what her general demeanor was? >> no. she was happy. seemed excited about life. >> at any time did she ever tell you that her child was missing? >> no, sir. >> had been kidnapped? >> no, sir. >> was actively looking for her? >> no, sir. the capital murder trial of casey anthony. of all of the damming evidence against the accused perhaps nonis more powerful than what seems her sluty unconcerned
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conduct in the days following her daughter caylee's death. >> seemed like normal and just your average 22-year-old. >> the testimony and photographs portray casey as a selfish narcissistic self involved slu who partied in the days following her daughter's death. >> during the times that you were with the defendant at fusion, how would you describe her demeanor to the jury? >> outgoing personality. she was having a good time. >> is she really just a 22-year-old mom when kills her child so she could live free of responsibility? >> she was partying and having a god time. >> when you say partying, drinking? >> drinking. >> was she dancing? >> yes, sir. >> did she ever display any emotion or indicate that she was upset about anything? >> no. >> whether little kaye see suffocates or is drowned how could casey participate in a hot
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body contest days after her daughter goes missling? >> she told you she was going to participate in the contest? >> yes, sir. >> that is the photograph of the time that was going on. >> do you recognize casey anthony? >> yes, sir. >> this is why the country hates this defendant. a woman focused only on herself not her little girl. >> she tell you anything about her daughter? >> no. >> she tell you how old she was? >> no. >> she tell you her name? >> no. >> did she tell you she was missing? >> no. >> is she really just a woman more interested in her boyfriend's bedroom than in searching for her dead daughter. >> june 17th you played hooky? >> yes, sir. >> dowry call what you gaze d g? >> stayed in my bedroom. >> during that day, was there
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any change in the defendant's demeanor? >> no. >> did she appear to be happy to see you? oo fwloo yes. >> did she say she was happy to be there? >> yes. >> did she give you any indication there was anything wrong? >> no. >> did she say anything about her daughter? >> i can't remember. >> did joey jackson effectively show that lack of remorse, sorrow, concern in the days following the death? >> 100 percent. this is consciousness of guilt in the 5th degree. what parent behaves in this way. if you are going to say it was an accident geraldo it's an accident. you are a mother a loving mother of a child you are out partying you are out getting tattoos you are out without a care in the world it totally cuts against the fact that a mother is concerned and wants to find her child. this is a war rant it goes to pre-meditation it is damming evidence for the prosecution against the defense.
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>> rebuttal? >> i disagree. the defense's theory she is abused if she is an abused victim sexually molested as a child this behavior is completely answerable for what she did. she has been brain washed to conceal her emotions. as she was told by a kid the defense and theory is completely consistent with what actually transpired. >> stacy prosecutor. >> i really can't even listen to what he has to say. i like david. i am flabbergasted to believe that you would think a sexual abuse victim goes through their life as a completely other person. it doesn't justify anything in this case. the defense is trying to bring up she is an amazingly loving mother. all the prosecution has to do is show these pictures show the videotape it completely cuts against the loving mother
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theory. if she is sexually abused it doesn't make you a completely different person doesn't justify any and all of your actions this to me is a complete lie. >> let me get a ruling on this from judge allen? >> i agree with stacy and joey. david is a good defense lawyer and will make the best argument you can. no injure re will believe you were sex eely abused or not. if your child drowns or dies under other circumstances or goes missing that you would just forget about it and go on with life. they are not going to buy it. it's not going to happen. >> in the vast majority of the child murder cases the custodial parent is found to have abused in some cases even tortured the young victim. that is not the case here as witness after witness testifies casey anthony was a good mom who kay cared lovingly for her daughter ca casey. >> in 2005 were you blessed with a grandchild? >> yes, ma'am.
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>> who was that in>> caylee marie. >> she was the apple of her grand parent's eyes. while they portray casey as a killer they had several withins agree she was a loving mother. >> how would you describe to the ladies and gentlemen of the jury of the way casey loved her mother? >> it was amazing. casey and caylee had a very special bonds. >> you saw how much caylee loved casey. yes. you would see her hug casey on occasions? >> yes. >> kiss her? >> yes. >> give her lots of affection? >> yes. >> did she appear hungry to you
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at any time? >> no, sir. >> did she look well fed? >> yes, sir. >> did you ever see the child abused? >> of the time i have seen her, no. >> describe to the ladies and gentlemen of the jury how caylee would react around her mother? >> very loving and wanted to interact with mom and everything like that. >> even tony lazaro the man casey allegedly lied to when caylee disappeared only had good things to say about the mother daughter relationship. >> she would have her teddy bear and we would go down to the pool teaching her how to swim. she was a great little girl. >> does that mother, does that mother just to be free to go to the clubs does that mother suffocate her child to death? should she be put to death? we will be right back. at bayer, we've been relieving pain for over 100 years.
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>> can you see that? >> yes, ma'am. >> do you recognize it? >> yes, ma'am. >> what do you recognize it to be? >> caylee's bed. >> were you present in your home caylee anthony died? >> when i heard that today it hurt really bad. if i would have known something
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happened to caylee we wouldn't be here today. >> is there any extent that you would not have gone to to save caylee's life? >> i would have done everything possible humanly possible to save my granddaughter. >> that's the grieving grandfather's line by the defense in the desperate attempt to save the life of his daughter accused. we have the panel to see where the defense succeed the. >> in florida you are not permitted to troin he dues evidence of lack of remorse. >> that's right. >> it seemed to me that there was an awful lot of lack of remorse evidence introduced here so much so i believe that's why jose bias moved for a mistrial. that's one of the reasons the chance of this verdict the guilty verdicts being held on appeal i think are slim because of the admission of casey anthony's statements to the cops without her receiving ever the
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miranda warnings that are other constitutional duty. >> here's the problem geraldo. the problem is jose bias opened the door. he asked questions about the mother's good character there was evidence that introduced to establish how the mother acted how she reacted what her state of mind was and all of the rest television. ultimately what the judge did when he looked for a mistrial no mr. bias didn't you ask questions about whether she was a good mother. on that basis if there's evidence and information about her response her behavior otherwise it's admissible and it's fine. they denied the mistrial i don't think upon conviction this burden is coming back. >> maybe on the point of the remorse evidence on the other point judge what say you about casey anthony made the state conceding it's not under arrest.
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a 212-year-old kid in the back seat of a police car you ask them questions isn't that like being under arrest? >> it's not a question of whether they are under arrest or not it's a question of whether reasonable person in those circumstances would perceive they are free to leave. that's a close call. the judge made his decision we will find out what the appeals court makes. on the remorse side it's that they can't argue remorse. there's a lot of evidence there is lack of remorse her going out shows lack of remorse but it is probative in seeing a mother who's child is missing or has drowned has not reacted that way. >> doesn't seem like consciousness of guilt consciousness of ir responsibility more than guilt. >> yeah, the defense is trying to show she wasn't being guilty she was still doing her cover up based on her behavior. i understand the judge's position i would agree with how he would assess the ruling i
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disagree with what mr. jackson is saying. i think the evidence will come back on appeal and this will get out of control before it get any better. >> stacy, what say you last word? >> i don't believe it argues it shows her ir responsibility. i think that's saying it very nicely. the fact of the matter is the judge said you can show demeanor that's what they were doing observations how she acted what she didn't do what she failed to do. it ca all comes in it is all relevant. >> capital murder conviction stacy? >> i think so. >> put some money on that. not that that is appropriate. >> i want to thank our panel. we will continue to cover the important trial in the days and weeks ahead. thank you everyone. >> up next as appealing as they are this weekend is about more than hot dogs and beer. better than any other luxury brand. ♪ intellichoice proclaims
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e >> today is the day we pause during our holiday weekend celebration to remember the men and women who have served and continue to serve in the united states military. this year we have more to be thankful for than most with the death of the terror mastermind osama bin laden still the fight goes on particularly in afghanistan where more than 100,000 of our brave soldiers, sailors marines and airmen continue to fight. it is from afghanistan that we are very pleased to welcome the highest ranking enlisted soldier, command sergeant major marvin hill. command sergeant major welcome. what are your thautsz on t thou memorial day? >> it is great to be here. thank you for the opportunity for me to represent our service members. this memorial day like the ones in the past ten years for me has taken on a whole new meaning.
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it is a time to just reflect on the ultimate sacrifice that our young men and women have made. i know memorial day is about recognizing the sacrifices that have been made by all service member's past but it just takes on a whole new meaning for me in afghanistan as our young men and women are making that sacrifice right beside me. >> command sergeant major how is moral, did the death of osama bin laden perk things up a bit? >> yes, it did. you know, that was great news around the world. it was particularly even sweeter here in afghanistan because this is where it all started. that was what it was all about, bringing osama bin laden to justice. he has been served his justice and these young men and women here that are forc fighting feed
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about that. >> are we winning? can we look forward to a day where it is a tourist destination for men and women? >> i spend the majority of my time and energy on the security lines of operation so we focus on the security piece and from a security perspective we are standing up training manning equipment afghan and national security forces by the numbers. they are taking on battle space they are taking on responsibilities, and that is part of the transition. i think we are doing pretty good at it. >> i just wondered command sergeant major if you would like to give a shout out to the families back here in the states. >> i would like to give a shout out to my family in memphis tennessee i would like to thank all of the families who loaned us their sons daughters brothers, sisters, cousins, nieces nephews for us to take
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care in afghanistan and force to fight. i vow to them to the family members that we are going to do our best to bring them home safely. >> you are doing a great, great job. you notice we choodz to interview the highest ranking enlisted men in afghanistan. we know who really run to the military command sergeant major. which want to wish you a very, very i don't know if it's appropriate happy member corial but i hope you have a great weekend continue to fight and hope you and soldier doss for the country. thank you very much. >> thank you geraldo. >> it is complete week in new york city and compliment and interview with the army top enlisted men in afghanistan we have invited other representatives of the other services to join us here in our studio from left to right. this is navy master in arms second class jac can u,ne sanders navy first class and in
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the back john ramos of the united states coast guard. i am glad he is here we forgot to mention the coast barrguard the last interview. on your right two members of the united states marine corps sergeants joshua barker and brian matthews welcome all of you. great to see you. how are you feeling on this memorial day? how is this different than previous holidays? >> previous holidays was a remembrance and thank you to all of the courageous men and women who lost their lives. >> how are folks treating you in the big apple? >> they are treating us extremely well. every time we come here it's new every time. this is our third fleet week. everyone shows their appreciation but we appreciate you all because it's your support that drives us to do what we do leave our families behind and fight for our country. >> it is easier to bear with all of the love you are getting? >> yes, sir. >> you are not old enough but i remember how different it was
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for moms and dads of your age group uncles and aunts. with these enlisted guys how did they give you a pass to sneak in? >> we have a good chance with the navy and marines. we have over 500 members from the coast guard that will be in fleet week. >> where is your home base? >> we are if staten island fort wadsworth. >> isn't it amazing how the coast guard has changed since 9-11. the equipment you have is so much more visible and present. the coast guard has graduated to a full-blown full service in a way it hasn't been for many years? >> most definitely. fleet week new york is especially going to help that this week. >> having a good time? >> exactly, yeah. >> to the marines we were together in where was it kuwait i think, right? >> yes, sir. >> it has been a while since 2003. iraq not so much on the front pages now. are you satisfied with the job we did there? >> every job we do is pretty
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much satisfyable as long as we come out safe. >> i was there before sarge with the 101st they lost 150 troopers in the last year there. they are all just coming home now or are home now. how dowry cover when you lose more buddies like that? how do you go on and dot next mission? >> i know we lost the guys we do we lost a lot of good guys brothers in arms pull together we are there for each other we help each other's families and we have a lot of support back home as well when we deploy with the army marines and navy. there's support systems set up. there are times you see grown men crying over there and everyone at home watches us on tv they realize it's memorial day if you know someone who lost someone they will them you are thankful for their sacrifice. >> you are making me cry right now. it is so intense. when you walk around times square and folks respond to you
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how does that make you feel? >> i was out in times square it was rather interesting. nobody really wanted to know about the weapon system they wanted a picture of the weapon system in times square. >> or picture of themselves, a marine in times square. >> i want to thank you for your service. it is remarkable how the best and brightest we have are joining the armed forces in a way they never have certainly since world war ii. people really have an amazingly positive vibe about you and your colleagues and everything you do. i want to thank you so much. thank you for being with us. >> everybody when you go to sleep tonight wake up tomorrow have fun stay safe. thank you very much for watching. keep these men and women in the service in your hearts and minds. thank you for watching. good night. you love the aroma of beef tenderloin, don't you? you inspired a very special dog food. [ female announcer ] chef michael's canine creations. chef inspired. dog desired.
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